Thursday, July 11, 2024

Contesse: Implementation of Human Rights Judgments in Latin America

Jorge Contesse (Rutgers Univ. - Law) has posted Implementation of Human Rights Judgments in Latin America (in Time and International Adjudication, Andrea Gattini & Marco Dimetto eds., forthcoming). Here's the abstract:
In this Chapter, I explore the process of implementation of human rights judgments in Latin America, a process that is largely judicial, as the task of monitoring implementation rests almost entirely upon the shoulders of the Inter-American Court of Human Rights. I address the legal regime of implementation of judgments in the inter-American human rights system and the types of analyses that can be conducted to evaluate how promptly and effectively States comply with the Inter-American Court's judgments. I argue that, rather than a quantitative analysis, we gain more insight into the temporal aspect of implementation by paying attention to States' attitude towards compliance. The discussion is particularly relevant in the context of interactions between States and the Court that elicit pushback and resistance, in some cases, and acceptance and engagement, in others.